2007 Civil Opinions Written by Justice Eva Guzman in Civil Appeal Also see --> 2008 Guzman Opinions | 2009 Civil Case Opinions by Justice Guzman Mandamus granted to set aside temporary orders regarding representation of child in wrongful death suit whose mother was killed: In Re Collins (Tex. App.- Houston [14th Dist.] Dec. 17, 2007)(Guzman)(court of appeals limits amicus attorney involvement; representation of minor ANF by surviving parent in wrongful death action involving mother, grandparents also involved) In this original proceeding,[1] relator, Russell Craig Collins, seeks a writ of mandamus compelling respondent, the Honorable Robert J. Kern, to strike: (1) that portion of respondent's temporary orders requiring Collins to cease prosecuting his minor daughter's wrongful death claims as her next friend, and (2) that portion of respondent's order dated May 30, 2007, in which respondent appointed an amicus attorney to act as next friend to Collins's minor daughter. We conditionally grant the writ. AVCO Corp. v. Interstate Southwest (Tex.App.- Houston [14th Dist.] Nov. 1, 2007)(Guzman) (commercial law, standing, capacity, indemnity, declaratory judgment, proof of actual damages) AFFIRMED IN PART/REVER.& REND.& REVER.&REM.: Opinion by Justice Guzman Before Justices Anderson, Hudson and Guzman 14-05-00860-CV AVCO Corporation, Textron Lycoming Reciprocating Engine Division of AVCO Corporation v. Interstate Southwest, LTD Appeal from 278th District Court of Grimes County (Hon. Jerry Sandel) McMenemy v. Holden (Tex.App.- Houston [14th Dist.] Nov. 1, 2007) (Guzman) (HCLC, expert report) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Guzman Before Justices Brock Yates, Fowler and Guzman 14-07-00365-CV Matthew G. McMenemy, M.D. v. Donald M. Holden and Mary Holden Appeal from 434th Judicial District Court of Fort Bend County (James H. Shomake) Justices disagree on construction of rules governing permissive appeal; majority holds appeal was late and dismisses for want of jurisdiction Inliner Americas, Inc. v. Macomb Funding Group, LLC (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(Guzman) (deadline for filing permissive interlocutory appeal, interlocutory appeal) DISMISSED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-01084-CV INLINER AMERICAS, INC. N/K/A FIRSTLINER AMERICAS, INC., INLINER USA, INC., N/K/A FIRSTLINER USA, INC., and CAT CONTRACTING, INC. v. MACOMB FUNDING GROUP, L.L.C Appeal from 127th District Court of Harris County (Hon. Sharolyn P. Wood) Dissenting Opinion by Chief Justice Hedges In Interest of D.H. (Tex.App.- Houston [14th Dist.] Aug. 30, 2007)(Guzman) (termination of parent's rights) AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00187-CV In the Interest of D.H., A.L., J.L.C., and C.C. Appeal from 300th District Court of Brazoria County (Judge K. Randall Hufstetler) In Interest of C.L.S. (Tex.App.- Houston [14th Dist.] Aug. 30, 2007)(Guzman) (termination of parent-child relationship) AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-06-00762-CV In the Interest of C.L.S Appeal from 300th District Court of Brazoria County (Hon. Robert May) Justice Guzman writes separately Concurring Opinion by Justice Guzman in Moon v. Lesikar (Tex.App.- Houston [14th Dist.] Jul. 10, 2007)(Guzman, concurring) City's Plea to the Jurisdiction Again Rejected on Remand from the Texas Supreme Court City of Houston v. Clear Channel Outdoor, Inc. (Tex.App.- Houston [14th Dist.] 2007)(Guzman) (city litigation, breach of contract, BoC, sovereign immunity) (sovereign immunity plea again rejected on remand) Opinion by Justice Guzman Before Chief Justice Hedges, Justices Hudson and Guzman 14-07-00084-CV The City of Houston, Texas v. Clear Channel Outdoor, Inc. Appeal from 334th District Court of Harris County (Judge Sharon McCally) - Affirmed Buhman v. James Leigh McGaughy (Tex.App. - Houston [14th Dist.] Jul. 24, 2007)(Guzman)(partnership, oral contract, attorneys' fees, conversion) Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-05-01215-CV Larry A. Buhman v. James Leigh McGaughy Appeal from 127th District Court of Harris County (Judge Sharolyn P. Wood) - Reversed and Remanded Morris Hartis, Jr. v. Century Furniture Industries Inc. (Tex.App.- Houston [14th Dist.] Jun. 28, 2007)(Guzman) (payment dispute) AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Hudson and Guzman 14-05-01099-CV Eugene Morris Hartis, Jr. v. Century Furniture Industries Inc. Appeal from 55th District Court of Harris County (Judge: Jeff Brown) In Interest of A.A.M. (Tex.App.- Houston [14th Dist.] May 31, 2007)(Guzman) (family law, SAPCR, MTM, father custody) AFFIRMED: Opinion by Justice Guzman Before Justices Anderson, Hudson and Guzman 14-05-00740-CV In the Interest of A.A.M and C.E.M., Minor Children Appeal from 257th District Court of Harris County (Judge Linda Motheral) Zavala v. Zavala (Tex.App.- Houston [14th Dist.] May 31, 2007)(Guzman) (divorce property division, family law, divorce, division of property, 100% of home, agreement by parties) AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-06-00081-CV Paul Zavala v. Evelyn Zavala Appeal from 246th District Court of Harris County (no judge shown on docket) Torres v. Tessier (Tex.App.- Houston [14th Dist.] May 31, 2007)(Guzman) (PI-auto, jury error, sudden emergency instruction) AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00484-CV Antonio Torres v. Colin L. Tessier Appeal from 113th District Court of Harris County (Hon. Patricia Ann Hancock) Hunt v. State Office of Risk Management (Tex.App.- Houston [14th Dist.] May 15, 2007)(Guzman)[employment workplace law, jury, workers comp, workplace injury, psychological injury] AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-05-00819-CV Norma Hunt v. State Office of Risk Management Appeal from 55th District Court of Harris County (Judge Jeff Brown) 7979 Airport Garage, LLC v. Dollar Rent a Car Systems (Tex.App.- Houston [14th Dist.] Apr. 27, 2007)(Guzman)(lease case, repairs, contractual attorneys fees, fee segregation, counterclaim) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Brock Yates and Guzman 14-05-00484-CV 7979 Airport Garage, LLC v. Dollar Rent a Car Systems, Inc. Appeal from 80th District Court of Harris County (Judge Kent Sullivan) We reverse that portion of the judgment awarding attorneys' fees to Dollar, sever that portion of the judgment, and remand the issue to the trial court for a determination of Dollar's recoverable attorneys' fees in a manner consistent with this opinion. In all other respects, we affirm the judgment of the trial court. Carrasco v. City of Alvin (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Guzman) (suit on sworn account, breach of contract, attorney's fees) AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Frost and Guzman 14-06-00687-CV Virginia and Jose Carrasco v. City of Alvin Appeal from 412th District Court of Brazoria County Marketing, Inc., Coastal v. United States Fidelity and Guaranty Company (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Eva Guzman)(insurance law) In this insurance coverage dispute, the insurer filed suit seeking a declaration that it had no duty to reimburse its insured and two other carriers for the costs they incurred in settling a personal injury suit. The insurer moved for traditional summary judgment on the grounds that the insured (1) did not notify the insurer of the suit until less than a month before trial, (2) settled the suit without the insurer's consent, and (3) failed to cooperate with the insurer. Because the insurer produced no evidence that the actions of its insured or the settling carriers prejudiced the insurer and no evidence that the insured failed to cooperate, we reverse the trial court's summary judgment on these issues and remand the case for further proceedings consistent with this opinion. Lee v. Hasson (Tex.App.- Houston [14th Dist.] Jan. 30, 2007)(Guzman) (oral contract, enforceability, investor, broker) REVERSED AND RENDERED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Brock Yates and Guzman 14-05-00004-CV Lanna F. Lee (fka Lanna Pai) and B. Lanna Inc. v. Theodore Hasson Et Al Appeal from 129th District Court of Harris County (name of judge not shown on docket) Carrascco v. City of Alvin (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Guzman) (sovereign immunity) AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Frost and Guzman 14-06-00687-CV Virginia and Jose Carrasco v. City of Alvin Appeal from 412th District Court of Brazoria County Green v. Alford (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Dissent by Guzman) (PI, firefighter liability, official immunity, good faith) NOTE: Majority's opinion later withdrawn and substituted by Guzman's opinion Green v. Alford (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Hudson) REVERSED AND RENDERED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Guzman 14-05-00407-CV Christopher Green v. Dwainia Alford, Individually and as Next Friend of Aaron Alford and Ronald Alford Appeal from 152nd District Court of Harris County (Judge Kenneth Price Wise) Marketing, Inc., Coastal v. United States Fidelity and Guaranty Company (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Eva Guzman)(insurance law, coverage dispute, late notice but no prejudice) REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Fowler, Edelman and Guzman 14-04-00651-CV Coastal Refining & Marketing, Inc., Coastal Offshore Insurance Limited, and Lexington Insurance Company v. United States Fidelity and Guaranty Company Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman Lee v. Hasson (Tex.App.- Houston [14th Dist.] Jan. 30, 2007)(Guzman)(oral contract, fiduciary duty) Justice Guzman Writes Separately Sharma v. Vinmar International, No. 14-05-01088-CV (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(Anderson)(temporary injunction appeal, accelerated) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Hudson and Guzman 14-05-01088-CV Ravin Sharma, Ashvin Dhingra, Amit Bansal, James Rew, Chemtrade Solutions, Inc., Yang Woo Chemical America, Inc., and J& J Chemtrading v. Vinmar International, LTD Appeal from 333rd District Court of Harris County (Judge not shown on docket) Separate opinion in Sharma v. Vinmar International (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(separate opinion by Guzman) BACM-2001 San Felipe Road LP v. Trafalgar Holdings I Ltd (Tex.App.- Houston [14th Dist.] Jan. 11, 2007)(Opinion by Justice Guzman) [commercial loan, breach of contract, statute of frauds) Buhman v. McGaughy (Tex.App.- Houston [14th Dist.] Jan. 11, 2007)(Opinion by Justice Guzman)(no on-line opinion available) Justice Guzman issues concurring opinion WesternGeco, LLC v. Input/Output (Tex.App.- Houston [14th Dist.] Jan. 24, 2007)(Frost) (settlement agreement) AFFIRMED IN PART/REVERSED AND RENDERED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman WesternGeco, L.L.C. and Schlumberger Technology Corporation v. Input/Output, Inc. Appeal from 164th District Court of Harris County (Judge Martha Hill Jamison) Concurring opinion by Justice Guzman Davis v. Webb (Tex.App.- Houston [14th Dist.] Jan. 22, 2007) (Guzman) (HCLC, expert report) AFFIRMED: Opinion by Justice Guzman Before Price, Chief Justice Hedges, Justice Guzman 14-07-00331-CV William Davis v. John Q.A. Webb, Jr., M.D. Appeal from 215th District Court of Harris County (Hon. Levi Benton) Concurring Opinion by Price Venue was not timely challenged, dismissal order reversed Liu v CiCi Enterprises LP (Tex.App.- Houston [14th Dist.] Jan. 9, 2007)(Opinion by Justice Guzman) (venue, motion to transfer venue) REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Anderson, Hudson and Guzman 14-05-00827-CV Frank M. K. Liu and Edward R. Perry, Jr., Individually and on Behalf of IV Pizza, LLC v. CiCi Enterprises, LP, Successor by Conversion to CiCi Enterprises, Inc. Appeal from 125th District Court of Harris County (Judge John A. Coselli) The trial court granted a motion to dismiss a Harris County suit based on a contractual provision stating that the parties "irrevocably submit themselves to the jurisdiction of the State Courts of Dallas County, Texas . . . [and] agree that venue for any proceeding relating to or arising out of this agreement shall be Dallas County, Texas . . . ." Because the provision is not a mandatory forum selection clause requiring dismissal but is instead a venue selection clause, and because venue was not timely challenged in accordance with the governing procedural rules, we reverse and remand. Conclusion: Because the trial court abused its discretion in granting CiCi's motion to dismiss, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion. Dias v. Goodman Manufacturing Co. (Tex.App.- Houston [14th Dist.] Jan. 9, 2007)(Guzman) (employment law, THCRA discrimination, age discrimination claim, retaliatory discharge) AFFIRMED: Opinion by Justice Guzman Before Justices Anderson, Hudson and Guzman 14-05-00836-CV Donald Dias v. Goodman Manufacturing Company, L.P., Goodman Holding Company and Quietflex Manufacturing Company L.P Appeal from 269th District Court of Harris County (Judge John Thomas Wooldridge) Find more judge, court & case information through the houston-opinions.com home page Also see --> 2008 Civil Case Opinions by Justice Guzman Also see --> 2009 Civil Case Opinions by Justice Guzman |
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Opinions By Houston Justices Fourteenth Court of Appeals Chief Justice Adele Hedges Justice John Anderson Justice Richard Edelman Justice Wanda Fowler Justice Eva M. Guzman Justice J. Harvey Hudson Justice Charles W. Seymore Justice Kem Thompson Frost Justice Leslie Brock Yates First Court of Appeals Opinions Chief Justice Sherry Radack Justice Tim Taft Justice Sam Nuchia Justice Terry Jennings Justice Evelyn Keyes Justice Elsa Alcala Justice George C. Hanks, Jr. Justice Laura Carter Higley Justice Jane Bland |
| Appellate Opinions by Justice Eva Guzman (Tex.App.- Houston [14th Dist.] 2007) Houston Opinions |